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Day: October 9, 2020

Requirements which local customs should fulfill in order to gain registration and enforcements by the courts.

Reasonableness: a good local custom must be reasonable to the persons affected by it. This is because law is founded on the principle of justice. Conformity with statute law: The custom must be consistent with written law. This is because Read More …

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Advantages and disadvantages of judicial precedent

Advantages: Certainty and Predictability: InDodhia V. National and Grindlays Bank the Court of Appeal was emphatic that “a system of law requires a considerable degree of certainty.” Case law makes a legal system certain and predictable. Consistency and uniformity: case Read More …

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Term source of law and the main sources of law

The phrase “Sources of Law” literally means where rules of law are found. However, the phrase has been used to describe: The origins of the rules and principles which constitute the law applicable in a country at a given time. Read More …

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Duties of a principal towards the agent

Obligations of the Principal to the agent include: Remuneration: the principal is obliged to remunerate the agent for services rendered. This obligations may be express or implied. The agent must earn his remuneration by rendering services but it is immaterial Read More …

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Distinction between a special agent from a general agent.

General agent: This is an agent who has authority to do a particular act or engage in a transaction in the ordinary course of his business trade, profession or occupation as an agent. His authority is based on the contract. Read More …

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General defences available to the occupier against liability to a trespasser

An occupier owes a trespasser no common duty of care. A trespasser injured in a persons premises has no actionable claim against the occupier. This question appear to be founded on the assumption that a trespasser has the same remedies Read More …

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